JUST IN: Democrat Rep. Suffers Major Legal Blow, Will Face Prosecution

A federal judge on Thursday refused to throw out assault charges against New Jersey Rep. LaMonica McIver, a freshman Democrat accused of roughing up federal agents during a raucous protest outside an immigration facility.

McIver claimed the case was politically motivated — pointing to the fact that it’s being prosecuted by Alina Habba, former personal attorney to Donald Trump and now the state’s top federal prosecutor. She argued she was protected by the Constitution’s “speech or debate” clause, which shields lawmakers from prosecution for actions tied to their official duties.

But U.S. District Judge Jamel Semper, a Joe Biden appointee, didn’t buy it. He refused to dismiss two of the three charges and held off ruling on the third until more evidence surfaces.

“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” Semper wrote. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”

McIver allegedly struck a federal agent with her forearm, “forcibly” grabbed him, and used her forearms to hit another officer — all during a wild 68-second melee at Newark’s Delaney Hall Detention Facility in May. The scuffle broke out as agents moved to arrest Newark Mayor Ras Baraka on trespassing charges that were later dropped.

WATCH: Rep. LaMonica McIver Shoves Federal Officer During Democrat-Led Protest

Semper drew a clear line between what happened inside the facility — where McIver and other Democrats, including Reps. Bonnie Watson Coleman and Rob Menendez were authorized to conduct oversight, and what happened outside the gate, where prosecutors say McIver crossed the line by assaulting agents and interfering with Baraka’s arrest.

The third count, still under review, involves a separate clash inside the gated area.

The ruling marked a win for Habba’s office, even as her own role remains under scrutiny. Another judge previously ruled Habba was “unlawfully serving” as acting U.S. attorney, and that fight is now tied up in appeals.

Semper also shot down McIver’s claim of selective prosecution, which compared her case to the hundreds of Jan. 6 rioters pardoned or cleared under Trump.

“Irrespective of the pardon, the January 6 defendants are not similarly situated to Defendant because the facts and circumstances surrounding their criminal cases are unambiguously distinct,” Semper wrote.

McIver has said she “will not be intimidated,” insisting she’s being punished for standing up to Trump’s allies. But the judge ruled she failed to prove that the charges stem from “personal animus harbored by the prosecution.”

Neither McIver’s nor Habba’s offices immediately responded to requests for comment.

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